Shankar Rui Das v. The State Of West Bengal And ORS.

W.P.A. 16850 of 2024 Shankar Rui Das.

VS The State of West Bengal & Ors.

Mr. Bhagbat Choudhuri, Ms. Gopa Mainan.

...for the Petitioner.

Ms. Sonal Sinha, Mr. Amrik Lal Chatterjee, Mr. Sandipan Das.

...for the State.

Petitioner and the private respondent are related 01.07.2025 Court No. 35 Item No.38 Rakib to each other and the main grievance of the petitioner is that the private respondent forcefully encroached the space/property of the petitioner, affixed padlock.

Thereafter the private respondent started raising a new construction. When the petitioner resisted such act of the private respondent he was abused and threatened. Information was also furnished to the police authorities on or about 20.09.2023 and a reminder to that effect was also advanced to the Superior Officer of police. Being aggrieved the petitioner has approached this Court. Report has been submitted by the State. Report reflects that police authorities at the relevant point of time drew up proceedings under Sections 107/116(3) of the Cr.P.C.

Having regard to the limited scope of the police authorities to interfere in family matters without a direction from the appropriate authority or the Civil

Court, I am of the view that the police have adhered to the law and order situation and have taken appropriate steps in consonance with law. If the petitioner has further grievances, petitioner would address such grievance before the Civil Court. In case the Civil Court passes any direction, police authorities would respect, obey and implement such order.

With the aforesaid observations WPA 16850 of 2024 is disposed of.

Report so submitted by the State be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)